[Adopted 6-5-1995 by Ord. No. 1189]
As used in this article, the following terms shall have the
meanings indicated:
A device or structure used to prevent physical access to
a specific area.
A major City project being constructed under direction of
the Director of Public Works, the City Engineer or his duly appointed
designee.
The edge of or either side of a roadway or paved portion
of a street.
The Director of Public Works of the City of Gardner or his
designee.
To intrude upon, above or beneath any public ways.
A cutting into the existing paved or grassed surface by any
means whatsoever.
That unpaved portion (normally grassed) of a street between
the curblines or the lateral lines of a roadway and the sidewalk.
Some streets have sidewalks to the curbline.
Any person, firm, partnership, association, society, corporation,
company, governmental agency or organization of any kind.
A street under any designation either maintained by the City
of Gardner or accepted or laid out as a public way by the City, including
without limitation the roadway and sidewalks.
That portion of a street improved, designed, or ordinarily
used for vehicular traffic.
That paved portion of a street between the curb grass plots
or the lateral lines of a roadway and the adjacent property lines
intended for pedestrian use.
The entire width between the boundary lines of every public
way publicly maintained.
The boundary line on either side of a street.
[Amended 8-3-1998 by Ord. No. 1277; 12-3-2001 by Ord. No. 1358]
See City of Gardner Department of Public Works and Survey Department
specifications.
[Amended 12-3-2001 by Ord. No. 1358]
A.
See City of Gardner Department of Public Works and Survey Department
specifications.
B.
Moving building; payment. The movement of a building shall be accomplished
at such times and in a way and manner as the Director may require.
Each request for a permit to move a building shall be accompanied
by written certification in accordance with the following:
(1)
Chapter 85, § 18, of the Massachusetts General Laws. Permission
is required from City to move a building within a public way.
A.
Failure to obtain a permit as required in these regulations before
commencing the work or, having obtained a permit, failure to comply
with these regulations or conditions in the permit shall be subject
to a fine of $100 for each offense, and each day in which violation
continues shall constitute a separate offense. For purposes of these
regulations, the Director of Public Works shall be the enforcement
officer.
[Amended 5-6-2002 by Ord. No. 1365; 11-18-2013 by Ord. No. 1563]
B.
These regulations may be enforced by any court of competent jurisdiction.
A.
Any person accused of violating these rules and regulations (violator)
shall be notified of the alleged violation, in writing, via certified
mail, return receipt requested, which shall set forth a date and time
at which a hearing will be held before the Director or his designee
in order to afford the person an opportunity to be heard in regard
to the alleged violation, with or without counsel, as the violator
shall choose.
B.
Any hearing scheduled under this section shall be held not sooner
than seven days nor later than 30 days (unless an extension is agreed
to by both the violator and Director) after the date of the hearing
notice. The rules of evidence observed by the courts need not be adhered
to. The proceedings may be tape recorded, and the recording shall
be kept in the custody of the Department of Public Works.
C.
At any hearing scheduled under these provisions, the documents and
other evidence offered shall constitute the hearing record. The written
decision shall be based solely on the hearing record and shall be
made within 30 days (unless an extension is agreed to by both the
violator and Director) after the conclusion of the hearing and shall
be mailed to the violator.
D.
Any violator aggrieved by the decision of the Director may petition,
within 14 days of the date of the decision, the City Council Public
Service Committee to review the written decision and hearing record.
The City Council Public Service Committee shall review the hearing
record and the Director's decision and shall, within 30 calendar days
(unless an extension is agreed to by both the violator and Director)
following the receipt of the petition for review, issue in writing
either a confirmation or modification of the Director's decision,
addressed to the violator and with copies to the Director.
